|
PLANNING COMMISSION REPORT SUMMARY PUBLIC HEARING ITEM |
|
ITEM NO. 4: COMPREHENSIVE REVISIONS TO THE OFFICAL ZONING MAP IN ASSOCIATION WITH ADOPTION OF THE “DEVELOPMENT CODE, NOVEMBER 17, 2004 EDITION” (LMF/SMS)
Z-10-49-04: The proposed “Zoning Map, November 17, 2004 Edition” includes zoning designations for all property located within the corporate limits of the City of Lawrence, Kansas. The proposed “Zoning Map, November 17, 2004 Edition” is incorporated by reference as if fully set forth in this notice. Copies of the proposed “Zoning Map, November 17, 2004 Edition” are available for review at the office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The proposed “Zoning Map, November 17, 2004 Edition” is also available on the Planning Department website at: www.lawrenceplanning.org. This item has six subparts which include: 1) those zoning designations that convert based on the table in Section 20-110(e) of the Development Code; 2) public and quasi-public properties that convert to GPI (General Public and Institutional Use) District and to OS (Open Space) District; 3) the main campus of Lawrence Memorial Hospital that converts to H (Hospital) District; 4) the Primary Campus of the University of Kansas that converts to a U (University) District designation of U(UK), and Haskell Indian Nations University properties that convert to the U (University) District; 5) properties annexed into the city that retained their County Zoning designation that convert to the UR (Urban Reserve) District; 6) existing Planned Unit Development Districts that convert to special zoning district categories unique to each existing Planned Unit Development. Maps for each of these special base zoning districts were developed for discussion purposes. These designations are part of the official zoning map and appear on the composite zoning map of all district designations. Initiated by the Planning Commission at their meeting on August 25, 2004. |
|
STAFF RECOMMENDATION: Staff recommends approval of the zoning map revisions provided for in Section 20-110(e) of the Development Code and the map designation revisions initiated by the Planning Commission for properties shown on Zoning Maps 1 through 6 for GPI, OS, U, U(UK), H, UR, and the existing Planned Unit Development designations of PRD, PCD, PID, and the existing PUD overlay districts approved for Alvamar, Deerfield, Four Seasons, Heatherwood, Hills West, Holiday Hills No.7, Holiday Hills No.10, Meadowbrook, and Parkmar.
Staff further recommends the Planning Commission forward a recommendation for approval of the revised zoning map designations to the City Commission.
|
|
Reason for Request: |
The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan. A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence. Adoption of this Development Code, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes. |
|
KEY POINTS · Section 20-110, Transitional Provisions, includes a subsection (e), Zoning District Names that provides a table for map designation conversions from the current map designations to the new map designations for all the conventional base zoning districts. · Special Purpose Base Districts have no designated conversion and, therefore, were initiated by map by the Planning Commission at their August meeting. · City, County, and School District lands are the primary public/quasi-public lands that were initiated to the GPI and OS Districts. · Lands annexed into Lawrence that retained their County Zoning designation were initiated to the holding district of UR (Urban Reserve). · Lawrence Memorial Hospital’s master plan was used as the basis for rezoning lands under management by Lawrence Memorial Hospital to the H (Hospital) District. · A U (University) District was created for the two universities in Lawrence; Haskell Indian Nations University, and the University of Kansas. · Execution of the cooperative agreement between the City of Lawrence and the University of Kansas requires the creation of a separate U (University) District tied to the contractual terms of the agreement. · Two revisions to the zoning map not covered in Section 20-110(e) are: 1) the conversion of CP (Commercial Parking) zoned areas to a compatible zoning based on their existing use, and 2) the conversion of RS-2 zoned areas of four square blocks or more in Pinckney, Oread, Old West Lawrence, East Lawrence, Brook Creek and North Lawrence neighborhoods where development patterns are based on lots of 5200 square feet to 6900 square feet. These map designations will be considered at public hearings in December 2004. · Map designations will occur with adoption of the Development Code by the City Commission, and take effect on January 24, 2005, when the Development Code takes effect.
|
|
RELEVANT GOLDEN FACTOR:
|
|
ASSOCIATED ITEMS ON THIS AGENDA
|
|
PUBLIC COMMENT RECEIVED PRIOR TO PRINTING
· Staff has responded to questions relative to the status of properties zoned A at the time of map initiation. Several parcels originally shown as converting to OS have been modified to UR. Properties that had pending rezoning ordinances have been rezoned and are now covered by Section 20-110(e). · Staff has also identified several properties that have been approved for rezoning for which ordinances have not yet been published. Those properties that have zoning ordinances published prior to January 24, 2005 will be converted as set out in this report. · No additional comments relative to the Zoning Map conversions were received prior to publication of this staff report on November 11, 2004.
|
Maps Associated with this report are located on the Planning Department website: www.lawrence planning.org or are available for public viewing during regular office hours at the Planning Department, first floor, City Hall, 6 E 6th Street.
SUMMARY OF ZONING MAP REVISIONS
The Zoning Map, by State Statute, is a portion of the Zoning Regulations and requires adoption at the time of new Zoning Regulations. The Development Code is written so that existing map designations are converted to new map designations to match the new zoning districts created in the Development Code by virtue of the adoption & approval of the new Zoning Regulations[re: Z-10-49A-04]. However, there are some map designations that are not provided for in Section 20-110(e). These conversions required a separate initiation by the Planning Commission because either, there are no similar districts in the existing regulations or there is no comparable district in the new regulations.
On July 9, 2004, planning staff presented at the Planning Commission mid-month meeting a set of seven map designation conversions that required initiation. The seven map designations were place on the August 25, 2004 agenda, at which time they were initiated for consideration as part of the public hearing and approval process for a new Development Code. The separate map designations that were initiated for public hearing at the November 17, 2004 Planning Commission meeting are:
The separate map designations that were initiated were for public hearing at the December 15, 2004 Planning Commission meeting are:
Each set of map revisions is briefly summarized below. A map showing the specific areas where the initiated map conversions are located accompanies this staff report. These maps are also posted on the planning department website at www.lawrenceplanning.org.
v City, County and USD 497 owned properties that are appropriately developed with uses permitted in the special purpose base districts of GPI and OS categories in the Development Code. [Z-10-49B-04]
The purpose of the GPI (General Purpose and Institutional) District is to “accommodate institutional uses occupying significant land areas not appropriate in the U or H Districts.” The GPI District is designed for the maximum flexibility for use and patterns of development while assuming compatible edges for adjacent uses.
The purpose of the OS (Open Space) District is to “preserve and enhance major open space and recreational areas by protecting natural amenities.” The OS District accommodates development compatible with natural amenities and may also be used for common open space with residential planned developments and cluster housing projects.
Public lands initiated to GPI include city and county administrative and departmental offices, USD 497 school and administrative buildings, and the two US Post Office buildings. Because of the vast disparity in size of the individual parcels initiated for GPI map designation, staff has recommended in TA-10-05-04 modifications to the Institutional Master Plan and Buffer Area Plan requirements.
Public lands initiated to OS include city parks, Oak Hill and Memorial Cemeteries, the County Fairgrounds, the Eagle Bend Golf Course and the YSI sports complex. Community buildings are considered accessory uses in the OS district. Typically, all city swimming pools would be rezoned to OS, however the Carl Knox and Lawrence Aquatic Centers have been recommended for GPI zoning, which also permits swimming pools, because of the larger educational institutional campuses they are located on.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v The main campus of Lawrence Memorial Hospital based on the adopted LMH master plan, for conversion to the special purpose base district of H (Hospital) in the Development Code. [Z-10-49C-04]
The Hospital is a major institutional use located in a residential neighborhood. The zoning map should clearly identify this non-residential, institutional use in the neighborhood. The hospital grounds and adjacent property owned by the hospital for future expansion are zoned for residential or residential office use, not institutional uses. The new development code creates a special base zoning district for this type of institutional use, H (Hospital) District.
The hospital, when it was first developed, was a small non-residential use in a developing residential neighborhood. As both uses have grown and matured, the hospital has developed a significant presence in the neighborhood. One of the tenets of the Pinckney Neighborhood Plan was the development of a mutually agreed upon plan for these two uses to co-exist. In the past decade, the hospital has recognized the need for master planning of their campus area. The hospital use is permitted in residentially zoned areas by approval of a special permit, a Use Permitted upon Review (UPR). Although helpful for research, the approval of a UPR does not alter the underlying residential zoning, thus the zoning map does not identify the location of areas where non-residential uses have been approved by special permit. Public notice and awareness of the hospital’s master plan & long-term development plans are beneficial to both the hospital and nearby residential property owners because it allows transitional areas to be given additional care in development/redevelopment.
The adopted Master Plan was approved through UPR-06-07-93 and amended through UPR-07-06-02. The proposed boundary for the new H zoning district is based on this master plan used in conjunction with county ownership records. The adoption and recommendation of the new development code presumes creation of new district boundaries for the current hospital site.
A purpose of the new H (Hospital) District is to add a layer of public awareness of the long-tem plans for development of the hospital in relationship to the borders where transitional land use planning needs to occur. Although medical offices near the hospital may provide related uses, if they are not part of the master plan, they are more appropriately zoned for comparable office uses such as, RMO or RSO, as provided for in the transitional section of the new development code.
Property included in the LMH main campus include parcels on the west side of the 200 & 300 blocks of Maine Street (excluding the ball fields at Woody Park); the east side of the 200 block of Arkansas Street; both sides of the 300 block of Arkansas Street; and the properties along the north side of W. 4th Street between Arkansas & Michigan Streets.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Primary campuses of the University of Kansas and of Haskell Indian Nations University Campus property to the special purpose base district of U (University) in the Development Code. [Z-10-49D-04]
The education & institutional uses of Haskell Indian Nations University and the University of Kansas are unique in their location and mission in the City. Both were originally sited & planned prior to the neighborhoods that now surround them. The size of these institutions means that development within and along their fringes has a significant impact on the adjacent residential neighborhoods. Both campuses have been zoned RS-1 which is not representative of their mission, the uses on their campuses or the allowed uses in a single-family residential district. The designation of a zoning category in the Development Code that identifies the uses on these campuses and the boundaries of these major institutions, particularly the transitional areas (referred to as the Buffer Area) is appropriate land use planning. The U District was developed to apply to both the University of Kansas (main and west) campuses and the Haskell Indian Nations Campus. With the introduction of the “Cooperative Agreement between the City of Lawrence and the University of Kansas”, a subcategory of the U District unique to the University of Kansas is needed. Staff has proposed a map designation that would be unique to the Primary Campus, as defined in Exhibit A of the Cooperative Agreement. This subcategory of the University District is the U(UK) University of Kansas District.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Properties that retained their county zoning designation upon annexation to the special purpose base district of UR (Urban Reserve) in the Development Code. [Z-10-49E-04]
There are times when areas are annexed into the city and city zoning designations are not immediately sought by property owners or, if the areas are unilaterally annexed, by the city. These areas retain their county zoning designation, which the majority of the time is A (Agricultural) District. Enforcement of zoning regulations on these properties is problematic, as the city does not have an A District. A transitional zoning district that acts as a holding zone until newly annexed property can be rezoned to a designation consistent with the comprehensive plan was determined to be a need the new development code should address. The new code creates the UR (Urban Reserve) District to provide this transitional function.
When property was annexed into the city, after the adoption of Ordinance No. 3500, it was often rezoned at the same time to the least intensive zoning district in the code, RS-1. The prevailing practice was to use this district as a holding zone until a more appropriate zoning, or more appropriate time for rezoning, was petitioned by the property owner. The reality was that many of these areas remained as RS-1 zoned properties for years while adjacent residential area developed around them. When petitions for more intensive land uses were filed for the RS-1 zoned properties, adjoining property owners were resistant to any change that would increase the density or intensity of use near their property. Conflicts between recommended and acceptable land uses, based on the comprehensive plan and on neighborhood expectations, were the result. Reliance on zoning map designations instead of the comprehensive plan fueled the misunderstandings and conflicts created by this informal practice of using RS-1 as a holding zoned.
Rezoning to individual residential, commercial and industrial categories could require significant study and public notice to adjacent property owners. The UR District was created for annexed areas where more specific city zoning is not yet appropriate. There is a timeliness factor involved in the rezoning of all areas in the city to a zoning district within the new code, which makes a lengthy study of individual areas inappropriate at this time. The areas annexed in the city that have retained their county zoning designations are proposed to be rezoned to UR.
The majority of properties that are shown on the UR District map are located on the fringes of the incorporated City limits or are parcels that were annexed in recent years because they were completely surrounded by the incorporated City limits. These properties include parcels both north and south of W. 6th Street which were annexed in 2002 to facilitate financing of the US 40/W. 6th Street improvements now under construction.
Several of parcels along both sides of George Williams Way south of W. 6th Street; along Folks Road south of W. 6th Street; and north of W. 6th Street along Congressional Drive have been approved for rezoning to City designations but ordinances have not yet been published. If these ordinances are published prior to January 24, 2005, these properties will convert to the New Development Code districts according to Section 20-110(e).
The remainder of the properties currently zoned A that are proposed to be rezoned to UR are located along W. 6th Street west of Monterey Way; north of Overland Drive between Monterey Way and Eldridge Street; north of Riverridge Road between N. Iowa Street and N. Michigan Street; north of US 24/40 east of US 59; cemeteries adjacent to East Hills Business Park and adjacent K-10 right-of-way; parcels along the south side of W. 31st Street west of Lawrence Avenue; parcels west of Kasold Drive north of W. 31st Street (extended); and W. 27th Street right-of-way east of Wakarusa Drive.
Two parcels located north and south of E. 11th Street at the eastern City limits have retained their county zoning designation I-3 (Heavy Industrial) and are also proposed to be rezoned to UR. The UR District allows the current uses, which are rural residential and agricultural uses, to continue until such time as the property owner chooses to request rezoning to a different City district.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
v Conversion of existing Planned Unit Developments [PUDs, PRDs, PCDs, and PIDs] to their own individual map designation, as provided for in the Development Code. These map designations represent special purpose base districts designed only to be used for the conversion of existing, approved Planned Unit Developments and not for expansion of such districts after adoption of the Development Code. Associated with these map designations is a table of permitted uses approved for each Planned Unit Development. [Z-10-49F-04]
The Development Code creates unique “carry over” designations for the existing Planned Unit Developments, PRDs, PCDs and PIDs. The purpose in doing this is to provide closure to the current planned unit development process, which creates base zoning districts for each type of Planned District. This process also allows the “grandfathering” of the nine planned unit developments created in the 1960s and 1970s as overlay zoning districts. The Development Code proposes a new Planned District, which is an overlay district. There are no conversions from existing Planned Unit Developments to the proposed Planned District. As PCDs were typically approved with use restrictions, staff is preparing a table of permitted or restricted uses for each of the individually created Planned Unit Development Districts [PUDs, PRDs, PCDs, and PIDs]. This table will be published on the website along with the official zoning map.
A ledger size map of the areas to be rezoned and a table with property descriptions follows.
Please note you will receive staff reports and maps for the following initiated zoning map revisions for the December 15, 2004, Planning Commission meeting:
v Thirteen (13) existing properties zoned CP (Commercial Parking) District, for which there is no comparable zoning district in the Development Code. These properties were individually initiated to a new map designation based on their use or association with and adjacent RM or C zoned property. [Z-10-49G-04]
v Portions of eleven (11) older, central city and university neighborhoods in Lawrence with platted lots measuring between 5,000 and 6,999 square feet in area, currently zoned RS-2 and non-complying as to lot dimensions, to the new zoning category of RS5. Areas included in this initial map designation are areas defined by 4 or more contiguous blocks of platted and developed lots of 5,000 to 6,999 square feet. [Z-10-49H-04]
SUMMARY
The Zoning Code is one of three major tools provided by State Statutes to implement a Comprehensive Land Use Plan. A diagnostic review of the Zoning Code was initiated shortly after adoption of HORIZON 2020, the City/County Comprehensive Land Use Plan. The Development Code is based on this diagnostic review and incorporates both the Zoning and Subdivision Regulations for the City of Lawrence. Adoption of this Development Code and the official zoning district map, a regulatory tool to help implement HORIZON 2020, is consistent with State Statutes.
CONFORMANCE WITH THE COMPREHENSIVE PLAN
PROFESSIONAL STAFF RECOMMENDATION
Staff recommends approval of the zoning map revisions provided for in Section 20-110(e) of the Development Code and the map designation revisions initiated by the Planning Commission for properties shown on Zoning Maps 1 through 6 for GPI, OS, U, U(UK), H, UR, and the existing Planned Unit Development designations of PRD, PCD, PID, and the existing PUD overlay districts approved for Alvamar, Deerfield, Four Seasons, Heatherwood, Hills West, Holiday Hills No.7, Holiday Hills No.10, Meadowbrook, and Parkmar.
Staff further recommends the Planning Commission forward a recommendation for approval of the revised zoning map designations to the City Commission.